Compassionate Release Lawyers Miami, FL
What is Compassionate Release?
If granted compassionate release, this means that your loved one can be released from jail or prison earlier than the end of their sentence.
If your loved one was convicted of a crime and sentenced to a term of imprisonment, and you feel extreme circumstances warrant their early release, you may be able to file a motion for compassionate release. When you pursue this post-conviction option, the Bureau of Prisons (BOP) will consider various factors to determine whether your request for a reduction should be approved. Unfortunately, the process is not always straightforward, and you might face barriers when trying to have your loved one who is near the end of their sentence released early.
Fortunately, you don't have to handle the matter on your own. You can seek the help of a skilled Miami compassionate release backed by nearly 50 years of combined experience. Our team at Hager & Schwartz, P.A. has the knowledge and skills to help file a motion for compassionate release in Florida.
We understand the complexities of this process and can explain what's required to get it started and whether your loved one is eligible for a reduction in sentence. Additionally, seeking early release requires presenting a compelling case on behalf of your loved one, and our team knows how to write persuasive arguments. We are sensitive to your needs and the needs of your loved one and will work hard toward a favorable outcome.
To learn more about submitting a motion for compassionate release, call our Miami compassionate release lawyers at (305) 330-1360 today.
What Circumstances Might Warrant Early Release?
In order to get compassionate release, you must have an extreme circumstance that warrants your loved one being released prior to serving their entire sentence. Under 18 U.S. Code § 3582, a prison term may be modified if "extraordinary and compelling reasons warrant such a reduction."
A motion for compassionate release can be filed under the following circumstances:
- Medical reasons: The inmate is diagnosed with a severe or terminal illness.
- Non-medical reasons: An inmate 70+ years of age and served 30 years of their sentence.
- Death or incapacitation of a family member caregiver: If the guardian of the inmate’s child passes away.
- Incapacitation of a spouse or registered partner: If the inmate is the only family member who can provide care to their spouse or registered partner who has become incapacitated.
What are the Conditions of Compassionate Release?
When you file a motion for early release, the matter must be reviewed by various individuals before your request is approved or denied. One of the BOP's primary concerns is whether, upon release, the inmate would pose a danger to the community.
As such, when considering a motion for compassionate relief, the following factors may be taken into account:
- The offense the inmate was convicted of
- The inmate's criminal history
- Victim impact statements
- Whether conditions of supervised release were violated
- The inmate's adjustment to incarceration
- Whether the inmate committed any disciplinary infractions
- Personal history
- Incarceration sentence and length of time served
- Inmate's current age and age when the offense occurred
- Release plans
- Impact of release on the severity of the offense
If the request is approved, the inmate will be released. If it is denied, depending on who made the denial, the inmate may have the opportunity to appeal the decision.
Submitting A Motion For Early Release in Florida
If you believe that your loved one may be eligible for compassionate release, it’s a good idea to begin working with an attorney. A compassionate release attorney can walk you through the complicated legal process of requesting early release in Florida.
You will need to submit a compelling reason why your loved one should be released, and our Miami compassionate release lawyers at Hager & Schwartz, P.A. can help you present the strongest argument possible.
What to do if Denied Compassionate Release?
If your compassionate release request is denied, you are able to file an appeal.
Representation for Compassionate Release Florida
If you're seeking early release for your incarcerated loved one, our Miami compassionate release attorneys are here to help. We understand how confusing the criminal justice system can be, which is why we'll stand beside you throughout the process, answering questions and providing sound guidance.
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